TLETA Week 2 Questions with 100% Correct Answers | Updated & Verified 2024, Exams of Advanced Education

Download TLETA Week 2 Questions with 100% Correct Answers | Updated & Verified 2024 and more Exams Advanced Education in PDF only on Docsity! TLETA Week 2 Questions with 100% Correct Answers | Updated & Verified 2024 What are the three parts of the negligence triangle? - Correct Answer-Who was injured, who is responsible, and who has the money. Perkin v. Harris - What should officers receive on foreseeable activities? - Correct Answer-Officers should receive training and information on foreseeable activities. If you act within the scope of your department policy, who will be held liable for accidents caused on your part? - Correct Answer-The department. Governmental entity definition? - Correct Answer-Any national, state or local government board, commission, department, division, instrumentality, court, agency or political subdivision. What three things does the supreme court take into consideration when determining liability? - Correct Answer-Reasonableness, justifiable, articutible.(be able to articulate and justify what you did.) Negligence definition? - Correct Answer-Failure to take proper care in doing something. (mistake) What are the levels of liability? - Correct Answer-Negligence, Gross Negligence, Deliberate indifference, Conduct that shocks the conscience. Gross Negligence definition? - Correct Answer-Lack of diligence, care, or conscious, in a voluntary act or omission with reckless disregard of legal duty or consequences to another party. Deliberate indifference definition? - Correct Answer-Complete consciousness of reckless disregard and consequence of one's acts or omissions. Conduct that shocks the conscience definition? - Correct Answer-Situations conducted in complete carelessness of the law that are so unjust or wrong that the court must intervene. What are Plaintiffs 5- Front attacks? - Correct Answer-Facts of the case, policy, training, supervision, and discipline. Do you have the right away when operating an emergency vehicle? - Correct Answer- No, when operating an emergency you are requesting right away. Who is responsible for accidents caused during emergency vehicle operations? - Correct Answer-The operator of emergency vehicle. Are officers responsible for accidents of negligence? - Correct Answer-Yes. What does the liability of accidents hinge on during police pursuits? - Correct Answer- The decision making of the officer. Why are patrol officers liable for unsafe roads, controls, and structures? - Correct Answer-It is the officers duty to report these condition due to the fact they are on patrol 24 hours a day. What are Punitive Damages? - Correct Answer-Personal penalties against an INDIVIDUAL in federal court. They are excluded from state court. What happens if any employee of any government agency, entity, or department, deprives anyone of there constitutional rights? - Correct Answer-They or their employer are subject to be sued in Federal court Depending on their regard for statutes, policy, and regulations. Is there any cap on the amount a defendant can be sued for in federal court? - Correct Answer-No. Who May bring a suit? - Correct Answer-Anyone. Who May be a defendant? - Correct Answer-Anyone acting under the color of the law. What an employees best protection from being individually liable? - Correct Answer- Written Policy. What is the liability of other officers present when a civil rights violation takes place? - Correct Answer-Equal punishment. What are the two highest law suits brought upon law enforcement? - Correct Answer- Use of excessive force, and false arrest/ false imprisonment. Brower v. county of Inyo. what is said about use of roadblocks? - Correct Answer-They will always be used as a last resort. What is the most effective survival tool in law enforcement in which could change the opinion of society and they way they perceive you? - Correct Answer-Word of mouth. What are the two most effective poisons law enforcement administers to itself? - Correct Answer-Stretches of authority, and seeds of distrust. Factors considered in totality of circumstances to determine custody in Miranda? - Correct Answer-Prolonged interrogation, time and location of interrogation, mode of transportation, officers present, demeanor, restrictions on movement, and accusations. Is Miranda required if suspect is not aware that your an officer? - Correct Answer-No. Are traffic stops or investigative detentions custody? - Correct Answer-No. What is interrogation for the purpose of Miranda? - Correct Answer-The asking of incriminating questions intentions of a confession. What are some exceptions to Miranda? - Correct Answer-Public safety questions, routine booking questions, suspect has a lawyer with them during questioning, statement is made without questioning. How many ways can Miranda be violated? - Correct Answer-One. What do you do if suspect you are questioning request an attorney? - Correct Answer- All questioning must cease immediately. How long do police have to wait for questioning after releasing suspect from custody and suspect invoked there rights? - Correct Answer-You have to wait 14 days for a second questioning? If a mirandized suspect has request a lawyer can you question them without there lawyer present? - Correct Answer-No. Can police question a suspect who has an attorney about crimes other than those charged? - Correct Answer-Yes. What is the difference in Miranda and the 6th amendment? - Correct Answer-Miranda applies to before formal charges and the 6th amendment applies to after. Assault definition? - Correct Answer-A person knowingly, intentionally, or recklessly, causes bodily injury to another, or causes a reasonable person to feel the threat of such, or physical contact in which one would deem extremely offensive. Victims of domestic violence may include? - Correct Answer-Current or former spouses, dating, have dated, have had intercourse, or are related by blood, adoption, or marriage. What is the preferred response in a domestic violence situation of 2 or more people and officer has probable cause a crime involving domestic abuse has occurred? - Correct Answer-Determine a primary aggressor and make an arrest unless there is a clear and compelling reason not to. What are some clear and compelling reasons not to make an arrest in a domestic abuse situation? - Correct Answer-No probable cause, the officer is unable to determine primary aggressor, or the officer determines equal responsibility and arrest is not the prefered response. What is a primary aggressor? - Correct Answer-The person determined to be the most significant aggressor, rather than the first aggressor. When do you determine primary aggressor? - Correct Answer-When there is probable cause that two or more people have committed a misdemeanor or a felony relating to domestic abuse. What should the officer not do on a domestic call? - Correct Answer-Make discouraging threats of arrest, base there arrest decision on request of victim or willingness of either parties to participate. When should an officer write a report on a domestic call and what should it include? - Correct Answer-When investigating any kind of alleged domestic abuse, it should include why you did or did not make an arrest, and if you seized any weapons along with an inventory. What should a victim do in the case they want protection from there abussor? - Correct Answer-File a criminal complaint with the district attorney general requesting an order of protection. What can an order of protection include? - Correct Answer-Prevention from further abuse, require suspect to pay money to victim, or prevention form any contact with petitioner. What should the agency having custody of the respondent do when their released? - Correct Answer-Use all reasonable means to immediately inform or notify the victim. What should an officer do in a non arrest domestic situation? - Correct Answer-Ask one party to leave, stand by as they do so, or ask one or both parties to sign an affidavit as to what happened. Write in report why an arrest was not made. What are the most common violations relating to domestic abuse? - Correct Answer- Assault, aggravated assault, or stalking. What is the charge on the first offense of domestic assault? - Correct Answer-A misdemeanor. What is the charge on the second offense of domestic assault? - Correct Answer-A misdemeanor with a minimum 30 days. What is the charge on the third offense of domestic assault? - Correct Answer-A misdemeanor minimum 90 days. or E felony if victim suffers bodily injury. What are some available means of determining primary aggressor? - Correct Answer- Past call history, injuries visible (defensive/offensive), surrounding evidence, witness statements and statements of persons involved. Why is it best to determine a primary aggressor rather then arrest both parties? - Correct Answer-The possibility of victimization of person asking for help (false arrest), may decrease the chances of future calls and likely hood the case will be dismissed. Aggravated assault definition? - Correct Answer-Person intentionally or knowingly causes bodily injury to another with the use or display of a weapon. Strangulation definition? - Correct Answer-Person intentionally or knowingly impeads the normal breathing of another When strangulation takes place how long does it take to loose consciousness? - Correct Answer-6 seconds. When can you die from strangulation? - Correct Answer-You can die from the affects a month after. What are the three main failures in domestics? - Correct Answer-To arrest, protect, or render assistance. What is the main cause of domestic violence? - Correct Answer-Power and control. Do victims usually try to take responsibility. - Correct Answer-Yes. What do victims usually tell in there statements compared to the abuser? - Correct Answer-Victim will disclose the past incidents, but suspect will bring up certain single incidents. What kinds of victims are eligible for orders of protection? - Correct Answer-Domestic violence, stalking, and sexual assault victims. When can a victim obtain an order of protection? - Correct Answer-When they have experienced, are in fear of, have had it threatened, or are subject to domestic violence, stalking, or sexual assault. Who is a petitioner? - Correct Answer-Person alleging domestic violence, stalking, and sexual assault in an order of protection. When is law enforcement require to report child abuse or neglect to department of child services? - Correct Answer-Immediately. When can children be interview or interrogated and does a parent have to be present? - Correct Answer-They can be interviewed and interrogated without parent presents based on totality of circumstances. When can a school resource officer employed by the school search a vehicle or locker on school grounds? - Correct Answer-Upon reasonable suspicion of drugs or weapons. When can a school resource officer not employed by the school or any other officer search search lockers or vehicles on school grounds? - Correct Answer-With probable cause that student is in possession of drugs or a weapon. When can an officer search a juvenile student on school grounds? - Correct Answer-In the result of a vehicle search or locker search or of information received by a teacher, staff member or other student and the principle deems it necessary. You must be able to articulate probable cause. (its best to have a warrant or observe principle conducting search) What are the main element of ~sexual battery~? - Correct Answer-Unlawful sexual contact, using force or coercion, knowingly accomplished without consent, and or accomplished knowing the victim is mentally defective/incapacitated, or by fraud. What are the main elements of ~unlawful carrying or possession of a weapon~? - Correct Answer-Committed when person carries with the intent to go armed (firearm or club) What are the elements of ~criminal trespass~? - Correct Answer-Enters or remains on property with out consent. What are the elements of ~driving under the influence~? - Correct Answer-In physical control of a motor vehicle on any public road or parking lot, under the influence of any intoxicant, and blood alcohol concentration is .08 or higher, .04 or higher for commercial vehicles. What are the elements of ~simple possession of a controlled substance~? - Correct Answer-Knowingly possesses or exchanges controlled substance (not prescribed), What are elements of ~disorderly conduct~? - Correct Answer-In public and intentionally causes annoyance or alarm, or is engaged in fighting, threatening, or violent behavior, and refuses official order, and creates hazardous or physically offensive conditions with no purpose. What are the elements of ~parties to a crime~? - Correct Answer-Commits, attempts to, conspires to, or aids in committing crime. What are the elements of ~aggravated arson~? - Correct Answer-One or more persons present and anyone suffers bodily injury as a result. What are the elements of ~theft of property~? - Correct Answer-Intent to deprive owner of property and knowingly obtains the property without consent. Burglary elements? - Correct Answer-Enters a building other than habitation, with intent to commit a felony, theft, or assault, and commits or attempts to. (This includes any freight, motor vehicle, or trailer.) Aggravated Burglary - Correct Answer-"Burglary" of a habitation. Robbery elements? - Correct Answer-Intentional or known theft of property with use of violence or fear. Aggravated robbery elements? - Correct Answer-Robbery with use of a deadly weapon or anything fashioned as one or in the case the victim suffers serious bodily injury. Especially aggravated robbery elements? - Correct Answer-Robbery with the use of a deadly weapon and victim suffers serious bodily injury. Joyriding - Correct Answer-Takes motor vehicle without the consent, but without the intent to deprive the owner. 1st degree murder elements? - Correct Answer-Intentional premeditated killing of another, or killing of another to cover up another crime, or as a result of the unlawful discharge of a weapon. 2nd degree murder elements? - Correct Answer-Known killing of another, or death another as a result of distribution of drugs. Arson elements? - Correct Answer-Knowingly damages or destroys a structure by the means of fire or explosion without the consent of the owner and with the intent to do so or to collect insurance. What is a juvenile petition? - Correct Answer-A written order commanding the arrest of a juvenile in the case of a delinquent act containing probable cause of the delinquent act committed.